Bangali Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72999 of 2019 Arising Out of PS. Case No.-311 Year-2019 Thana- DESARI District- Vaishali ====================================================== Bangali Sah, Son of Late Ramrup Sah (wrongly written in impugned order Ramrup Sah i.e. error of record). Resident of Village- Nayagaon West, P.S.- Desari, District- Vaishali.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Surendra Kishore Thakur For the Opposite Party/s :
Mr.Sharda Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 04-12-2019 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.
Petitioner seeks regular bail in connection with Desari P.S. Case No.311 of 2019, for the offence punishable under Section 30(a) of the Bihar Prohibition & Excise Act, 2016. The allegation against the petitioner is that a total quantity of 37.995 litres of illicit liquor has been recovered from the bathroom of the house of the petitioner.
Learned counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and the bathroom from where the illicit liquor has been recovered is situated in the back side of the house. Learned counsel further submits that the petitioner is in custody since
Patna High Court CR. MISC. No.72999 of 2019(2) dt.04-12-2019 2/2 05.09.2019.
Having regard to the submissions made by the parties and taking into consideration the fact that the illicit liquor has been recovered from the bathroom situated at the backyard of the house and the petitioner has got no criminal antecedent and he is in custody since 05.09.2019, I am inclined to grant regular bail to the petitioner. Accordingly, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge-II-cum-Special Judge, Excise, Vaishali at Hajipur, in connection with Desari P.S. Case No.311 of 2019. (Anil Kumar Sinha, J) sanjeev/- U T